Curdy v. Berton
Citations
- 79 Cal. 420
- 5 L.R.A. 189
- 21 P. 858
- 1889 Cal. LEXIS 745
Syllabus
<p>Trust—Weu>—Bequest on Undisclosed Parol Trust—Constructive Trust in Favor of Beneficiary.—Where a testator by his will bequeaths property in trust to a legatee without specifying in the will the purposes of the trust, and at the time of the execution of the will, or subsequently, verbally communicates to the legatee the purposes of the trust, and the legatee, either expressly or impliedly, promises to perform the trust, or silently acquiesces therein, equity will raise a constructive trust in favor of the beneficiaries intended by the testator, and will charge the legatee as a constructive trustee for them.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “standard practice . . . allows parties to raise on appeal only the same objections that were properly preserved below” and holding that the defendant failed to preserve a ground for mistrial raised on appeal that was different from the ground asserted at trial
- “Since defense counsel declined the trial court’s offer to give curative instructions to the jury, appellant will not now be heard to complain.”
- failure to object to hearsay testimony waives appellate review of its admissibility
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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